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(영문) 창원지방법원 진주지원 2015.07.22 2015고단319
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:25 on April 1, 2015, the Defendant causing property damage: E summary operated by the victim D in Sacheon-si C.

At the main point, it was accompanied by 40,000 won of the market value, which was the victim's possession, which he saw as the microphone and sing down on the floor, on the ground that he gets out of reflect.

Accordingly, the defendant damaged the victim's property.

2. Performance of official duties, and the Defendant’s injury on April 1, 2015, the foregoing E summary around 00:28.

At the main point, the victim G(the age of 46) was assaulted by the victim G(the age of 50) who was called out after receiving 112 a report that the customer spawns and spawns the money and spawns the face of the victim at one time by spawn and spawning the defendant's daily behaviors and 50 male on the name of the defendant.

As a result, the defendant got off the left side of the victim who needs approximately two weeks of medical treatment, and at the same time interfered with the legitimate execution of duties concerning the crime prevention and criminal investigation of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Application of Acts and subordinate statutes of a medical certificate and specifications of transactions;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the crime of injury and damage to property]

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Since some of the crimes of this case are the ordinary concurrent crimes under Article 40 of the Criminal Act, the sentencing criteria do not apply.

2. The defendant who has rendered a ruling of sentencing shall commit violence;

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